ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 (NO 2 OF 2011) - SECT 4 Definitions

ENVIRONMENT PROTECTION (BEVERAGE CONTAINERS AND PLASTIC BAGS) ACT 2011 (NO 2 OF 2011) - SECT 4

In this Act:

"acting in an official capacity", in relation to an authorised officer, means the officer is exercising powers or performing functions under, or otherwise related to the administration of, this Act.

"administration", of this Act, includes enforcement.

"affected person", for a decision, means:

    (a)     for a decision to refuse an application for a CDS approval – the applicant; or

    (b)     for a decision to vary the conditions of, or suspend or cancel, a CDS approval – the holder of the approval.

"approved collection depot", means a collection depot for which a collection approval is in force.

"approved container" means a regulated container:

    (a)     for which a supply approval is in force; and

    (b)     that bears the approved refund marking.

"approved refund marking", for a regulated container, means a marking or labelling about the refund amount prescribed by regulation for the container.

"Australian Standard" means a standard published by Standards Australia Limited ABN 85 087 326 690.

"authorised officer", see section 87 (1).

"beverage", see section 7 .

beverage retailer , see section 8 .

"biodegradable bag", see section 52 .

"CDS", see section 10 .

"CDS approval" means:

    (a)     a collection approval; or

    (b)     a coordinator approval; or

    (c)     a supply approval.

"CDS coordinator" means:

    (a)     a person who, whether personally or through an agent:

        (i)     coordinates the activities of CDS participants under the CDS; and

        (ii)     collects, handles and delivers for reuse, recycling or other appropriate disposal, regulated containers received from collection depots; or

    (b)     a person who carries on activities of a kind prescribed by regulation.

"CDS participant" means each of the following:

    (a)     a CDS coordinator or operator of a collection depot;

    (b)     a manufacturer, distributor or beverage retailer of regulated containers;

    (c)     others carrying out activities relating to the collection, reuse, recycling or other appropriate disposal of regulated containers.

"CDS principles", see section 12 .

"CEO" means the Chief Executive Officer of the Agency.

"collection approval "means an approval under Part 2, Division 6 to operate a collection depot.

"collection depot" means a facility or premises for the collection and handling of regulated containers delivered to the facility or premises in consideration of the payment of refund amounts for containers, and includes:

    (a)     a reverse vending machine; and

    (b)     another facility or premises of a kind prescribed by regulation.

"condition", for Part 2, Division 6, Subdivision 2, see section 29 .

"connected", for Part 4, see section 61 .

"container", see section 6 .

"coordinator" approval means an approval under Part 2, Division 6 to carry on business as a CDS coordinator.

"corresponding jurisdiction" means a jurisdiction in which a corresponding law is in force.

corresponding law means:

    (a)     a law of another jurisdiction establishing a scheme that:

        (i)     regulates the supply of beverage containers; and

        (ii)     provides for the payment of refunds on the return of empty beverage containers to collection depots; and

    (b)     is declared by regulation to be a corresponding law.

"manufacturer" includes a person who fills containers, or imports containers, for sale in the Territory.

"occupier", for Part 4, see section 61 .

"on", for Part 4, see section 61 .

"operator", of a collection depot, means the entity carrying out the functions of the depot.

"phase out period", see section 53 (1).

"place", for Part 4, see section 61 .

"premises", for Part 4, see section 61 .

"prohibited plastic bag", see section  51 .

"prohibition day", see section 53 (2).

"refund amount", for an approved container, means the amount prescribed by regulation for the container.

"regulated container" means a container to which the CDS applies.

Note

Under section 9 , containers may be excluded by regulation from the application of the CDS. Under section 42 of the Interpretation Act, a regulation may exclude a class of containers, including, for example, containers made of certain materials and containers used for certain beverages.

reverse vending machine means a device that:

    (a)     accepts empty approved containers by scanning the barcode on the containers or in another way recognises containers as approved containers; and

    (b)     dispenses the refund amount for the containers placed in the device.

Note

Under section 19 , a reverse vending machine is required to pay out the refund amount in cash or another way prescribed by regulation.

"review" notice , for a decision, means a written notice stating:

    (a)     the decision; and

    (b)     the reasons for the decision; and

    (c)     the following details:

        (i)     an affected person may apply for a review of the merits of the decision;

        (ii)     the period allowed for applying for the review;

        (iii)     how to apply for the review.

"sell" includes:

    (a)     supply on a gratuitous basis for commercial promotional purposes; and

    (b)     offer or display for sale or such supply.

"start", of the CDS, means the date on which Part 2 commences.

"supply approval" means an approval under Part 2, Division 6 to supply regulated containers.

"variation", for Part 2, Division 6, Subdivision 2, see section 29 .

"waste management arrangement", see section 11 .